California OAH special education order · May 14, 2021
Order Granting Peremptory Challenge
OAH Case No. 2021010613 · ALJ Margaret Gibson
OAH granted Ventura Unified School District's timely peremptory challenge to ALJ Rita Defilippis; all previously set hearing dates remain on calendar.
This case went to decision
Student v. Ventura Unified School District: Ventura Unified did not have to ensure a student's one-to-one nurse attended IEP meetings; the district prevailed on the only issue. (2021)
Summary
Ventura Unified School District filed a peremptory challenge, which is a request to remove the assigned judge without giving a reason, against Administrative Law Judge Rita Defilippis. Presiding ALJ Margaret Gibson explained that each party gets one such challenge. It must be made before the hearing starts, and before the prehearing conference if a judge has already been assigned. OAH found the District's challenge timely and granted it, and all dates already set in the case stay on calendar.
Why it matters
Each side gets one no-reason challenge to the assigned judge, but it must be used before the prehearing conference or hearing begins. Removing the judge does not automatically delay the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Rita Defilippis, Administrative Law Judge (challenged)
- Margaret Gibson, Presiding Administrative Law Judge
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
IN THE MATTER OF:
PARENTS ON BEHALF OF STUDENT,
v.
VENTURA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021010613
ORDER GRANTING PEREMPTORY CHALLENGE
MAY 14, 2021
On May 13, 2021, Ventura unified School District, filed a notice of peremptory challenge to Administrative Law Judge Rita Defilippis in the above captioned matter.
District’s peremptory challenge is made pursuant to Government Code section 11425.40, subdivision (d), of the Administrative Procedures Act, and California Code of Regulations, title 1, section 1034.
Government Code section 11425.40, subdivision (d), establishes the criteria for disqualification of the presiding officer. A party is entitled to one peremptory challenge (disqualification without cause) to an ALJ assigned to an Office of Administrative Hearings hearing. (Cal. Code Regs., tit. 1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd. (d).) In no event will a peremptory challenge be allowed if it is made after the hearing has commenced. In addition, if at the time of a scheduled prehearing conference, an ALJ has been assigned to the hearing, any challenge to the assigned ALJ shall be made no later than commencement of that prehearing conference. (Cal. Code Regs., tit. 1, § 1034, subd. (c).) A peremptory challenge is not allowed on reconsideration or remand. (Cal. Code Regs., tit. 1, § 1034, subd. (a).)
District’s peremptory challenge is timely made and is granted pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c).
ORDER
1. District's challenge of ALJ Defilippis is granted.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
Margaret Gibson (May 14, 2021 10:19 PDT)
Margaret Gibson Presiding Administrative Law Judge, SE Office of Administrative Hearings